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  1. #1

    Default Employer Withholding Pay After I Gave Notice

    My question involves employment and labor law for the state of: New York
    (Sorry for the lengthy story to follow)

    I have been employed at my job for a period of 6 and a half months. When I was hired, I had a wedding/honeymoon planned and negotiated that time off into my hiring plan. Last week I gave my two week's notice.

    According to my signed employment agreement, after 6 months you accrue 10 days paid time off. I took my honeymoon after two months employment, and because we had agreed upon that before I signed on, they paid me while I was gone.

    Now that I've given 2 weeks notice... my boss is withholding my paycheck. (now for 3 weeks worth of wages). He did not tell me beforehand that he did not intend to pay me. When I asked him for my check, he did not answer me. I gave him a day and a half to respond about why I wasnt paid on time and when he intended to do so, and he never responded. So I walked out, making my resignation immediate.

    The person who I replaced - they had docked his last paycheck for doctors appointments he had taken while he was employed. I believe they intend to recoup the money from the honeymoon, which they agreed I could take. And, since I've been employed for over six months, I technically have accrued those days anyway. I should be paid for that time... and I don't know how legal it is to take it back after they've already paid.

    These people are sociopaths and I really hate the idea of taking them to small claims court. But we're talking about a lot of money. Because they have done this before, I would like to take action that would prevent it from happening to another person.

    Do you think I have a strong small claims case? Or would it be better to forget about the money and report them to the Dept of Labor?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Withholding Pay After I Gave Notice

    I'm not 100% convinced you have a claim to bring, but that's because I'm having trouble following your story and the timeline. Maybe if you can answer some direct questions, that will help.

    1.) Were you not paid for time ACTUALLY WORKED? Or were you not paid for vacation and/or notice time which was not actually worked, but which had been previously agreed to?

    2.) NY law on the payout of vacation time at termination is not unique, but is not common either. Essentially, if they have a policy of not paying out time, they don't have to. But if they have a policy TO pay out time, OR if they have no policy at all, then they do. What, if any, written policy does your employer have with regards to vacation time?

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